California 2021-2022 Regular Session Status: Enacted

AB 2391 — Civil actions: vexatious litigants.

Last action — Chaptered by Secretary of State - Chapter 84, Statutes of 2022.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2022. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigant's filing only under specified circumstances, and permits the presiding judge to condition the filing upon the furnishing of security. Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party. This bill would authorize a person protected by a restraining order issued after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if, while the restraining order is still in place, they commence, prosecute, or maintain litigation against the person protected by the restraining order that is determined to be meritless and causes the person protected by the order to be harassed or intimidated.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 84, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 18 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4265.).

  7. Read second time. Ordered to Consent Calendar.

  8. From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (June 8).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  10. Referred to Com. on JUD.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4048.)

  13. Read second time. Ordered to Consent Calendar.

  14. From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (March 22).

  15. Re-referred to Com. on JUD.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  17. Referred to Com. on JUD.

  18. From printer. May be heard in committee March 20.

  19. Read first time. To print.

Sponsors

  • Cunningham · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Cunningham

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2391 Cunningham Concurrence in Senate Amendments

Passed 71 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 30002
Unaffiliated 33006
Republican 8001
Total 71009
% of votes cast 89%0%0%11%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Gray — Not Voting
Cooley — Not Voting
Ting — Not Voting
Daly — Not Voting
McCarty — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Consent Calendar AB2391

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 21002
Republican 4000
Democratic 10003
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Portantino — Yea
Wieckowski — Yea
Roth — Yea
Bates — Yea
Min — Yea
Pan — Yea
Dodd — Yea
Atkins — Yea
Borgeas — Yea
Leyva — Yea
Melendez — Yea
Hertzberg — Yea
Skinner — Yea
Hueso — Yea
Nielsen — Yea
Bradford — Yea
Eggman — Yea
Kamlager — Yea
Gonzalez — Yea
Newman — Yea
Wilk — Yea
Rubio — Not Voting
Glazer — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Not Voting
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass and be ordered to the Consent Calendar

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4000
Democratic 4002
Republican 1000
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Borgeas — Yea
Hertzberg — Yea
Gonzalez — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Not Voting
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 2391 Cunningham Consent Calendar Second Day

Passed 68 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 24004
Unaffiliated 36003
Republican 8001
Total 68008
% of votes cast 89%0%0%11%
How each member voted (76)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Gray — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Rodriguez — Not Voting
Medina — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Not Voting
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2391 do?
Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigant's filing only under specified circumstances, and permits the presiding judge to condition the filing upon the furnishing of security. Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party. This bill would authorize a person protected by a restraining order issued after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if, while the restraining order is still in place, they commence, prosecute, or maintain litigation against the person protected by the restraining order that is determined to be meritless and causes the person protected by the order to be harassed or intimidated.
Who sponsors AB 2391?
AB 2391 is sponsored by Cunningham.
What is the current status of AB 2391?
This bill has been enacted into law. Introduced February 17, 2022. Enacted.
Where can I track AB 2391?
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